Family Law

Family violence reports show alarming increase

Victoria Police, VicHealth and the Australian Institute of Criminology report the following facts on domestic violence: Reports of family violence to Victoria Police rose from 35,600 in 2009/10 to 65,400 in 2013/14 Family violence is the primary contributor to...

Are you really in a de-facto relationship?

The Family Court has determined that whether parties are in a de-facto relationship must be considered on a case by case basis. The Family Law Act requires that parties must have a relationship as a couple “living together on genuine domestic basis”. In a...

When can a separated parent elect to relocate with their child?

This is a more common issue being pursued more commonly in the courts. Separated parents with children subject to time arrangements must understand that if they want to move from their existing premises, they must discuss this with the other parent and seek their...

How parental child abuse affects access to childen

This is a difficult area of law. Under severe circumstances parents will be denied the right to communicate with their child. This is best demonstrated in the case of Tate & Ralph [2012] FMCAfam 279 (4 May 2012), in which a father was denied the right to spend...

When does liability to pay child support stop?

The Federal Magistrates’ Court recently overturned a decision of the Social Security Appeals Tribunal (“the SSAT”) which found that the father of a 17 year old child was liable to continue to pay the mother child support pursuant to an administrative...